QUESTION

How can I erase a theft background?

Asked on Aug 25th, 2011 on Criminal Law - California
More details to this question:
I have theft on my background and of course it was foolish of me to begin with. However, now that I'm looking for work it is coming up when potential employers do a background check. I can get an interview but as soon as they check the background they back out of hiring me. I really want to erase this foolish act ASAP. Please help.
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28 ANSWERS

Elvin Garry Grundy
Arizona Revised Statutes Sections 13-904 through 13-908 provides a pathway for getting felonies or misdemeanor guilty convictions discharged from your record: Given the horrible economy and the use of pre-employment screening tools, filing a well-pled application with superior court for release from the disabilities associated with a conviction, is something you want an experienced, and affordable law firm to effectively prepare on your behalf. Do not delay your fresh start on life. Contact us today.
Answered on Aug 30th, 2011 at 8:42 AM

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Geoffrey MacLaren Yaryan
You can have it expunged. Either retain an attorney or go to the court where you were convicted and ask someone in the clerk's office how you can do it.
Answered on Aug 30th, 2011 at 7:03 AM

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Jacob P. Sartz
You may be able to expunge that offense under Michigan law if it's your only conviction. However, the process takes time. I'd recommend you contact an attorney if it's your only criminal conviction and it's been more than five years since the date of your conviction.
Answered on Aug 29th, 2011 at 12:00 PM

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You may seek expungement of a misdemeanor three years after completing the sentence and all conditions of sentence and after five years on a class C felony. See http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/guideToCrimHistoryRecord
Answered on Aug 29th, 2011 at 10:16 AM

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It is possible to have your conviction expunged if you meet the requirements; You completed probation, paid all fines and restitution, not served a sentence in state prison for the offense, and are not currently charged with a crime. If the conviction is expunged you can lawfully state that you have not been convicted of the crime when asked on a job application from a private (non-law enforcement) employer. However, order does not relieve you of the obligation to disclose the conviction in response to any direct question contained in any questionnaire or application for public office, for licensure by any state or local agency, or for contracting with the California State Lottery."
Answered on Aug 29th, 2011 at 5:24 AM

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Criminal Defense Attorney serving Lake Charles, LA at Michael R. Garber
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You have to file for an expungement. If the DA doesn't object you'll get it. If he does you'll have to have a hearing to let the judge decide.
Answered on Aug 26th, 2011 at 6:44 PM

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Personal Injury Attorney serving Omaha, NE
Depending on your conviction(s) and what you were sentenced to, you may be able to either have the conviction set aside or receive a pardon.
Answered on Aug 26th, 2011 at 6:44 PM

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Steven D. Dunnings
You can petition the court where you were convicted to expunge your record, but that is only if you do not have other criminal convictions whether felonies or misdemeanors.
Answered on Aug 26th, 2011 at 12:14 PM

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Roianne Houlton Conner
Alabama does not have an expungment statute.
Answered on Aug 26th, 2011 at 10:21 AM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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If more than 5 years have passed since conviction and there is only one offense, you could file a motion with the court where the conviction occurred seeking an expungement. The decision to expunge is up to the court.
Answered on Aug 26th, 2011 at 10:13 AM

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Google California Penal Code and look at PC 1203.4. That's the expungment statute. The problem is that it doesn't make the conviction go away, it just notes under it that relief was granted under PC 1203.4 It used to be that prospective employers paid cops to get your rap sheet. Now it is a crime so they simply make you sign a waiver allowing them to get your rap sheet. The only value 1203.4 has is that if you get hired without them checking your rap sheet and later discover the case, they cannot fire you for lying when you say youhave never been convicted of a felony as 1203.4 allows you to say it. But if they check you won't get hired in the first place. It is fucked, but that's the system.
Answered on Aug 26th, 2011 at 9:45 AM

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Assault and Battery Attorney serving Tacoma, WA at Michael Maltby, Attorney at Law
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After a certain period of time crime free you can get the conviction vacated. Five year minimum. A lawyer can help you with this and some courts and prosecutors assist sometimes as well.
Answered on Aug 26th, 2011 at 9:29 AM

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General Litigation Attorney serving Shelby Township, MI at Law Offices of Jeffery A. Cojocar, P.C.
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You need an attorney. If in Metro Detroit area, feel free to call me.
Answered on Aug 26th, 2011 at 9:28 AM

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As long as you have successfully completed probation, and not currently on any other probation, and have no criminal case(s) pending, you are eligible for expungement. Contact a lawyer to file the petition for you.
Answered on Aug 26th, 2011 at 9:26 AM

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go to www.washingtoncriminallawreview.com for a detailed answer to your question.
Answered on Aug 26th, 2011 at 8:38 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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I'm sorry to have to be the one to tell you that you will not get it off your record.
Answered on Aug 26th, 2011 at 8:38 AM

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Criminal Defense Attorney serving Bloomfield Hills, MI
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If this is your one & only criminal conviction you may be eligible for expungement of your record. I have been very successful of doing this for many clients who have gone on to good careers because of the expungement.
Answered on Aug 26th, 2011 at 5:52 AM

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Ballot Measure 11 Crimes Attorney serving Portland, OR
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We help clients with Oregon expungements all the time. To qualify, the conviction must be at least 3 years ago, you must have fully satisfied all requirements of the sentence, and have no other convictions in the past 10 years. Let us know if you desire our assistance.
Answered on Aug 26th, 2011 at 5:52 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Depends on your age and the age of the offense. I have never lost an expungement case in 15 years of practice.
Answered on Aug 26th, 2011 at 5:51 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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People often times never comprehend the full impact of the decisions they make until after the fact. It is very difficult to get a conviction expunged (removed) from your record, but in certain circumstances ,it can be done. Depending upon how old the conviction is, you may also try petitioning the court to see if they will allow you to withdraw your plea and convert it to a deferred sentence. This in essence may result in the case being removed from your record. You need to consult with an attorney.
Answered on Aug 25th, 2011 at 8:31 PM

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Michael J. Breczinski
How long ago was the conviction? If over 5 years ago then you may be eligible to expunge it. You also need it to be the only conviction (with a few exceptions) and you have to convince the judge you had been in front of that you should have a second chance. Get a good attorney.
Answered on Aug 25th, 2011 at 8:20 PM

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Business Attorney serving Denver, CO
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Erasing a theft background is not possible in Colorado unless you were given and successfully completed a deferred judgment or the case was dismissed. You could also be pardoned by the governor.
Answered on Aug 25th, 2011 at 7:59 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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You can file to have it set aside (a.k.a expunged) if it has been at least five years since either the date of the conviction or the day you were released from jail (whichever is later) and you have no other convictions of any kind on your record including misdemeanors or juvenile adjudications. You can file the application yourself but I would recommend retaining a lawyer to do it if you can.
Answered on Aug 25th, 2011 at 7:44 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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You can't. Records are forever. They are the natural consequence of our behavior. However, many convictions can be 'expunged' from criminal records by proper application and petition to the court, but only if there was no felony prison time sentenced, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. If successful, the conviction would be withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. Expungement will help in obtaining and keeping employment. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on applications for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction.
Answered on Aug 25th, 2011 at 7:03 PM

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Drivers License Suspension Attorney serving Redlands, CA at Law Offices of Matthew Murillo
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You can't. You can seek to have it dismissed pursuant to penal code 1203.4. However, that does not remove it from your background check. It only adds a note indicating that the conviction was dismissed. Once a conviction is on your record, you cannot have it removed.
Answered on Aug 25th, 2011 at 7:01 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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Unless this happened when you were under 18, it will always exist at some level. The best you can do at this point after a conviction is to seek a dismissal. It's commonly called an expungement, but it doesn't truly 'expunge' anything. It is a way for you to get a notation that your case was dismissed on your record so it doesn't show as a conviction any longer. Assuming you have successfully completed probation on your case, you should be eligible. If granted, it will allow you to tell most private employers that you have not been convicted of a crime. There are a few exceptions where it still must be disclosed but for most jobs, you can check the "no" box for any prior convictions. It's not horribly complex, but to make sure it's done right, see a local criminal defense attorney to get it done.
Answered on Aug 25th, 2011 at 7:00 PM

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Contract Negotiations Attorney serving Miami Lakes, FL at Florido & Associates, P.A.
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You maybe able to seal/expunge the conviction which would likely not allow the potential employers to view.
Answered on Aug 25th, 2011 at 6:59 PM

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Criminal Defense Attorney serving Tustin, CA
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There is a motion that can be made if you are no longer on probation per PC 1203.4 that can help you.
Answered on Aug 25th, 2011 at 6:40 PM

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